Birth injury claims factor in Government increasing NHS medical negligence fund by £185m

The NHS Litigation Authority has been given and a further £185m to help cover an increase in claims made against the NHS, especially high-value birth injury claims.

A further £185m is required to cover the increased costs, especially in birth injury claims.

The reason for additional funds being made available by the Government has been put down to the increasing levels of high cost claims brought against the NHS for medical negligence compensation, especially for birth injury claims which require 24-hour care and compensation settlements often reaching £6m to cover those lifetime costs.

According to recent figures the amount of compensation paid out by The Authority, which handles medical negligence claims made against the NHS, has increased from £277m to nearly £1 billion in the last ten years.

The government has given the NHS Litigation Authority £185m until April to cover the cost of claims and legal fees.

Peter Walsh, chief executive of the charity Action against Medical Accidents, said most of the increased costs came from a judgment that injured children are entitled to more compensation.

‘The government and the NHSLA have known about this for a long time and it shouldn’t have come as a surprise.’

NHS managers have stated that one of the major reasons behind the increase is a rise in the number of birth injury claims which involve a high cost of lifetime care.

Birth Injury Claims

Official statistics from the NHSLA reveal that there are nearly 100 birth injury claims against the NHS each year, which involve new-born babies that suffer brain damage at birth. The medical negligence compensation paid out per child in such cases is around £6 million due to the  improvement in the survival rates and life expectancy of brain damaged babies.

Health Minister, Lord Howe has commented that the vast majority of NHS patients receive a high standard of care; however, when mistakes are made it is only right that medical negligence compensation should be paid.

Contacting Us

If you require legal advice on making a birth injury claim, or any other medical negligence claim, please contact us on 0161 785 3500 or at john.pollitt@phsolicitors.co.uk or contact us here.

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£5.6m medical negligence compensation for brain damaged girl

A girl who suffered severe brain damage during a mismanaged birth has been awarded £5.6m in medical negligence compensation from the NHS.

The compensation will go towards paying for clinical care for the girl who is now 11 years old.

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PIP breast implants not used at Pennine Acute Trust Hospitals

Press Release: PIP breast implants have not been used at Pennine Acute Trust Hospitals.

THE Pennine Acute Hospitals NHS Trust is reassuring the public that it does not and has not

 

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Plan to Cut Legal Aid for Clinical Negligence Would Cost the Taxpayer Millions, Independent Research Finds

Knock on costs of the Government’s planned cuts to legal aid in clinical negligence cases is estimated at THREE times predicted government saving.

From the Action Against Medical Accidents (AvMA) blog

Download AVMA’s press release

Pearson Hinchliffe Solicitor’s Medical Negligence department head, John Pollitt, is a member of the AvMA Specialist Clinical Negligence Panel.

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To speak to John Pollitt about any matter relating to medical negligence, please contact him on 0161 785 3500 or email John.Pollitt@phsolicitors.co.uk for a free review of your case.

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250 Pennine Acute trust patients to be transferred to the private sector to help improve waiting times.

NHS Heywood, Middleton and Rochdale’s latest performance report states: “It was agreed that to assist with the reduction of ‘backlog’ patients that had waited over 18 weeks, 250 patients would be transferred to Independent Sector (IS) providers.

“The specialist ophthalmology patients have now been treated at IS providers as have most of the trauma and orthopaedic patients (the remainder being sent out in the next three weeks).”

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Regulator warns Tameside Hospital to improve or receive fines

Tameside Hospital NHS Foundation Trust could also face ward closures if the Care Quality Commission finds it has failed to comply with three areas of standards including: medical management, a lack of staff on certain wards and incomplete medical records.

Staff have been ordered to improve standards by this Friday.

The Trust’s management was given a deadline of until Friday 6th January 2012 to comply with CQC inspectors’ concerns.

Tameside Hospital has faced long-standing criticisms over patient safety and standards of care going back nearly a decade.

The CQC originally uncovered the problems in a surprise visit in March 2011 followed up with another inspection in October. Among the issues were the way patients’ needs were documented, patient falls were inconsistently recorded or incomplete.

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New Tameside hospital chairman in vow to improve its image

A former customer services manager has pledged to make a difference in his new role as chairman of Tameside hospital. Paul Connellan, who spent eight years as director of marketing and customer services at Manchester Airport, took over from the Rev Tim Presswood READ FULL ARTICLE AT GLOSSOP ADVERTISER

New Tameside hospital chairman, Paul Connellan.

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Read a recent client testimonial

The following is a letter of thanks received by medical negligence partner, John Pollitt, after he advised a client. The client has kindly given us permission to publish his letter.

Dear Mr Pollitt

As our cases against East Lancashire Hospitals draw to a close I think it is now an appropriate time to thank you for the skill that you have used in dealing with my family […]

As you are fully aware the three years since we lost [our son] have been a harrowing period of time for the whole family in its widest scope, however, the way that you have conducted the cases has been thoughtful, sincere, never patronising and always highly professional.

As you are also aware the cases brought have never been about money but about “fair play”. This, I am positive, you have achieved.

Finally, I don’t know whether my family can eventually put this behind us, I suspect not, as it will be a part of our lives for ever.

John, once again thank you from the bottom of my heart.

Yours sincerely

David Wood

Our relationships with our clients are built on maintaining their trust and confidentiality at all times.

When we receive praise or a testimonial from a client, we seek their approval before ever publishing their kind words and comments.

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Pearson Hinchliffe nurse adviser, Janet Dunkerley, reveals a career full of adventure.

This week’s ‘MARTYN MEETS…’ column in the Oldham Chronicle profiles Janet Dunkerley, Pearson Hinchliffe’s nurse adviser.

Nurse Adviser, Janet Dunkerley.

Flying nurse with an eye for adventure

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Tameside Hospital has been told its death rates are too high.

The alert was raised by Dr Foster, an independent organisation which researches health issues, whose research found higher than expected mortality rates. In 2010/2011 Tameside hospital had death rates which were 17 per cent higher than normal.

Dr Foster reveals Tameside's death rates are 17 per cent higher than they should be.

When compared to NHS statistics this equates to 200 ‘excess’ deaths over the 12-month period. Only 3 other trusts in the country received worse results – George Eliot in Warwickshire, Isle of Wight and East and North Herefordshire.

The experts at Dr Foster examined death rates at all hospitals including Tameside – together with deaths occurring within 30 days of discharge – using a system known as the Summary Hospital-level Mortality Indicator (SHMI). SHMI looks at a range of factors such as national averages and particular patient characteristics in order to give a fairer picture. It forecast that 1,255 people would die at Tameside hospital in the 12 months up to March 2011. The actual figure, however, was 1,463 – 17 per cent higher than predicted.

4th worst death rates in the country

Pearson Hinchliffe Solicitors Medical Negligence Partner noted with concern that Tameside Hospital has the fourth worst death rates in the country. John Pollitt, who heads the specialist team of lawyers in Ashton and Oldham, said:

“There have been longstanding worries about patient care at Tameside and this report again brings into focus the need to improve.

“While the report’s authors do not claim to have identified actual failings in care they do conceded these are ‘warning signs’.”

John Pollitt added:

“In the context of Hospital Trusts being under pressure to make millions in savings this year, budget pressures and bed shortages may put patient safety at risk.”

Poor performance of Manchester hospitals

The Dr Foster study uncovered five other Greater Manchester hospital trusts with higher than expected SHMI – Pennine Acute, Central Manchester, Royal Bolton, Trafford, and Wrightington, Wigan and Leigh.

Managers at Tameside Hospital queried how fair the figures were, saying that on the basis of other nationally-recognised mortality studies they were performing within the ‘normal’ range.

Medical director Tariq Mahmood said: “We welcome the Dr Foster report and take its findings very seriously.

“We are still analysing the differences between our Hospital Standardised Mortality Ratio (HSMR), which at 101 is well within the normal range, and the new Summary Hospital-level Mortality Ratio (SHMI).

“Having worked very hard to understand and deliver clear improvements in our HSMR, we will also be working hard to determine the factors responsible for our SHMI and to address these both within the hospital and with our partner organisations.”

“It is important to stress that neither SHMI or HSMR measure avoidable or preventable deaths, they simply record all deaths. With that in mind, it is
worth emphasising that the SHMI should always be considered as part of a range of more detailed indicators.”

“It is also important to stress that Tameside Hospital is well within the normal range for the three out of four mortality indicators – HSMR, deaths in low risk conditions and deaths after surgery – used by Dr Foster.

Contact us

If you have concerns about the quality of health care provided to you or a loved one by a hospital or any other health service provider, contact our friendly medical negligence team on 0161 785 3500 or email John.Pollitt@phsolicitors.co.uk for a free review of your case.

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